By making a reservation of one of the modes of holiday stays proposed by O AZURE, Coastal Road, Roches Noires, Mauritius, the client undertakes to fully adhere to the present Terms and Conditions of Sale which shall be contractually binding upon him/her.
1.1 The price-rates as they appear on O AZURE’s plaques, brochures and its website are given for information purposes solely since the services requested as part of a holiday stay may vary from one client to another and also because the price-rates may fluctuate due to changes in indirect taxation or variations in exchange rates.
1.2 Subject to any possible changes, the rates for a holiday stay, including any services ordered by the client, including taxes and processing fees shall be as they feature on the confirmation of availability. The confirmation is sent to the client within 72 hours following receipt by O AZURE of his/her request for reservation. Any confirmation of availability amounts to confirmation of reservation until receipt of the deposit as stipulated below which needs to reach O AZURE within 48 hours from the date of confirmation of availability. Once past this time-limit, the request for reservation and the confirmation of availability shall be cancelled.
1.3 As regards accommodation, our chargeable rates are calculated on a daytime basis as from 08 00 hours to 08 00 hours the following day. There shall be no refund whatsoever, even in part, of the rate of in case of late arrivals on the first day or a re-scheduled departure on the last day of the client’s stay.
2.The price-rate includes:
2.1 The renting out of a villa (commonly known in Mauritius as « Campement »)
The villas that are rented out are of good quality, situated at or close to the most beautiful spots of Mauritius. The villa in which the client will be staying will be furnished and equipped and will have the same facilities and level of comfort as detailed in the confirmation of availability or as per description on the website.
2.2 Household staff
Household staff attached to the villa shall be at the client’s disposal during the stay without any additional costs. A person or two will be available (generally in the morning), except on Sundays and public holidays to perform the household chores. Subject to availability, the person may perform the household work beyond the normal hours (as specified in the booking confirmation) in return for remuneration for additional services provided, on the basis of a time rate to be agreed upon with O AZURE before the start of the additional work.
2.3 Basic food and drinks supplies
The client will be provided with some basic food and drink supplies (water, juice, salt, pepper, sugar, tea, oil and vinegar) free of charge upon his arrival at the villa, as well as a welcome pack.
2.4 Household linen and crockery
The villa is furnished with household linen (bed-sheets, bath towels) and crockery in a very good condition and in sufficient amounts to cater for the number of occupants.
3.The price-rates do not include:
3.1 The cost of phone calls made from the villa
With the exception of local calls which are kindly offered within reasonable limits of [specify limits], the client will be charged for each and every phone call made from the phone set(s) located in the villa on the basis of the statement provided by the Mauritius Telecom (or any other telephone access service provider) covering the period of your stay. O AZURE’s invoice will need to be settled within eight (8) days of the date of remittance.
3.2 Service charges at the airport
All charges, taxes and expenses incurred by the client prior to his arrival at the airport or subsequent to the vacating of the villa by him at the end of his stay shall be payable by the client.
3.3 The deposit as part of the renting out of the villa
Every villa and its fixtures and fittings are in excellent working and using condition at the time when they are put at the client’s disposal. In that respect, the client shall be required, upon arrival, to pay a rental deposit by way of a cheque drawn in the name of O AZURE in Euros, cash or credit card payment (VISA, MasterCard, Amex).
The deposit shall be the equivalent of a two-day stay at the villa.
This deposit shall be returned to the client on the departure date after an inventory of premises has been taken. In case of damage caused to any movable property, electrical appliance or any other fixture and fitting as a result of the fault or negligence of the occupants, deductions will accordingly be made for the costs of repairs or if this is not possible, for the costs of replacement. In the event that the deposit proves to be insufficient to cover the damages caused, an additional invoice will be forwarded to the client who will need to settle the invoice within eight (8) days from the date of remittance.
4. Modes of payment:
4.1 A reservation shall be valid only if followed, within a period of two (2) days as from the date of confirmation of availability, by a bank transfer or a credit card payment to the account of O AZURE of a deposit amounting to 50% of the full price of the stay (including processing fees and taxes) as featured in the confirmation of availability.
4.2 The outstanding balance on the full price shall be made by the client at least thirty (30) days before the date of arrival in Mauritius.
4.3 Notwithstanding the above, any reservation made thirty (30) days or less before the date of arrival shall, following confirmation of availability, only be considered and accepted if accompanied by the payment of the full price for the stay within eight (8) days, failing which the reservation will be cancelled.
4.4 The signature of these Terms & Conditions of Sales shall give O AZURE the authority to debit the client’s credit cards by the amounts in the payment schedule listed on the pro forma invoice. These payments will be completed based upon information (amount, date, card number, debit agreement) received from you by mail or telephone.
4.5 The client guarantees that all credit card details provided to O AZURE are correct, failing which O AZURE reserves the right to cancel any booking made by the client.
5.1 The reservation of a stay and a villa becomes final and definitive at the time when the aforementioned deposit is credited to the account of O AZURE. In case of any subsequent cancellation, the client shall be liable for the following penalties (exclusive of possible processing fees) which will be payable to O AZURE:
i) more 90 days before the arrival date: loss of 100% of deposit;
ii) between 90-61 days before the arrival date: loss of 65% of full price of the stay;
iii) between 60-31 days before the arrival date: loss of 80% of full price of the stay;
iv) less than 31 days before the arrival date: loss of 100% of full price of the stay
In the event of a reservation being cancelled during the peak period of 15/12 to 15/01, the penalty listed in (i) and (iv) will be modified and applicable as follows:
v) cancellation more than 90 days before the arrival date: loss of 100% of the deposit;
vi) between 90-61 days before the arrival date: loss of 80% of the full price of the stay
vii) less than 61 days before the arrival date: loss of 100% of full price of the holiday stay
5.2 In order to be valid, a cancellation, irrespective of the time when it occurs, shall be confirmed by registered post together with acknowledgement of receipt.
5.3 Any cancellation made by O AZURE by reason of any such events or circumstances arising which jeopardise the security of people and property, whether the features of an event of ‘force majeure’ are present or not (social unrest, strikes, adverse weather conditions etc) shall not give rise to any claim for refund or compensation in favour of the client.
5.4 Any change of arrival date shall, except if the new date is expressly accepted by O AZURE, be considered as a cancellation of the reservation previously made.
However, any change in the number of occupants shall, provided that it is within the lower and upper limits of 2 persons and that it does not warrant looking for another villa, give rise to additional processing fees which shall be invoiced to the client after that the latter has settled the deposit relating to the additional persons.
6. Satisfaction with the Villa:
6.1 In the event that the client is not satisfied with the reserved villa, he must notify O AZURE upon his/her arrival on the premises prior to the remittance of the keys of the villa. Subject to the judiciousness of the reasons of his dissatisfaction, O AZURE shall use its best endeavours to propose to the client, subject to availability at that point in time, a replacement villa at the same cost and of the same level of comfort as requested at the time of reservation. By accepting the replacement villa, the client waives his right to any claim whatsoever.
6.2 Any additional charges arising from a change of villa that is not attributable to O AZURE and particularly all such charges incurred as a result of providing a replacement villa for the client, which is more onerous or of a level of comfort superior to that originally fixed, shall be borne by the client in their entirety and shall, if the case arises, make the client liable for settling the additional costs to be incurred upon his arrival on the premises.
6.3 Upon occupying the villa, as formalised by the remittance of the keys to the client upon his arrival, the client in effect waives any claim whatsoever for a refund of the sums paid to O AZURE notwithstanding that the client decides to leave the premises for another type of accommodation or to shorten his stay.
7.Conditions of stay:
7.1 Inventory of fixtures and fittings
An inventory of fixtures and fittings shall be effected upon the arrival of the client at the villa. The same will be carried out upon departure of the client at the time of the remittance of the keys.
7.2 Enjoyment of premises
7.2.1 Given that the villa that is rented out is furnished and equipped, and in an excellent state of upkeep and maintenance, the client undertakes to make proper and reasonable use of it and to restore the villa as well as its movable property and equipment in the same condition at the end of his stay.
7.2.2 In this respect, the client shall, save for special written authorisation by O AZURE, refrain from making any adjustments, modification or transformation to the layout of the villa and of its outbuildings. Even if expressly authorised to this effect, the adjustments, embellishments or improvements made to the villa or to its movable property and equipment shall not give rise to any compensation for the client and shall remain the property of the owner of the premises, except for the right of the owner to demand from the client that he restores the premises and their contents at his own expense to the same condition as he found them upon his arrival at the villa.
7.3 Each and every stay sold by O AZURE is set for a given number of persons and the proposed villas have an accommodation capacity which is adapted to the number of occupants as disclosed by the client. Consequently, O AZURE may demand from the client and all persons accompanying him that they leave the premises immediately and without notice in case there is an obvious excess in the number of occupants as compared to that disclosed at the time of reservation. Such an event would amount to pure and simple rescission of the agreement by the client so that the latter cannot purport to have any claim for compensation whatsoever, not even refund on the number of days of rent left on the stay, in which case the sums of money already paid by the client remain with O AZURE as damages.
7.4 Furthermore, O AZURE reserves the right to ask the client and all such persons accompanying him to leave the premises immediately, without notice, without any compensation or refund of any kind, and if need be, by resorting to the police in case the client or any of the persons accompanying him commits an offence under Mauritian laws or acts in breach of basic norms of savoir-vivre and behaviour.
8.Extension of stay:
8.1 Should the client so wish and provided that the villa rented is still available after the date of departure as originally planned, the client will be able to extend his stay in the villa, provided however that he settles the rent and makes all necessary arrangements for the extension of his stay, particularly with regard to his visa. O AZURE cannot, under any circumstances, be held responsible for the non-availability of the reserved villa or for the client’s inability to fulfil the conditions laid out for the extension of his stay, after the date of departure as originally planned at the time of reservation.
8.2 In the event that the client is forced to extend his stay, in particular as a result of conditions (climatic and others) affecting the transportation or the repatriation of the client or of any of the persons accompanying him, O AZURE shall use its best efforts to propose a solution to the client, thereby enabling the latter to end his stay in the most pleasant way.
9.1 O AZURE cannot be held responsible and shall not entertain any claim by reason of the non-availability of the villa as reserved at the agreed date from the moment that this non-availability is related to the occurrence of external conditions, in particular climatic conditions, or is justified by reasons beyond the control of O AZURE. In such a case, O AZURE shall do its best to propose an alternative which is more or less of the same value and level of comfort as the requirements formulated by the client at the time of reservation.
9.2 Furthermore, O AZURE cannot be held liable for any defect or failure in the water supply and/or electricity supply that occurs for any reason during the client’s holiday-stay at the villa. O AZURE however undertakes to use its best endeavours and to liaise with the relevant authorities so that the said supplies be restored within the least possible delay.
9.3 Moreover, O AZURE cannot be held liable for any material damage and/or physical injuries suffered by the client, any of the persons accompanying him/her or their personal belongings during the participation in any sports or other activity, and this even if such activities have been proposed or recommended by O AZURE.
To this effect, the client undertakes to take an insurance cover for himself as well as for any person accompanying him against personal injury risks and the medical or surgical consequences that may arise from such risks and for the repatriation to his place of residence.
9.4 The client shall be responsible for the use of the movable property and equipment which is found in the villa or its outbuildings. In case of damage caused to the said movable property and equipment, the client shall, save that such damage may have been caused by an event of force majeure, be liable for the charges incurred in putting them back to their original state or for their replacement by similar ones.
The client shall be solely responsible for his travelling formalities (on both the outward and return trips) and for the charges incurred on such formalities. O AZURE shall not be responsible in that regard, in particular with respect to the failure by the client to register at airports or to confirm the return flight.